XIVe siècle
1793
L'existence d'un bailli dans le comté de Montbéliard est attestée à partir de 1303.
Principauté de Montbéliard. Chambre de justice
Principauté de Montbéliard. Cour et chancellerie (13..-1793)
La Cour et chancellerie de Montbéliard est la juridiction supérieure du comté de Montbéliard ; elle constitue le pendant du Souverain Buffet, compétent pour les seigneuries des Quatre Terres.
Le nom de « Cour et chancellerie » est l’appellation moderne du tribunal de bailliage de Montbéliard, institution dont les archives anciennes remontent au milieu du XVe siècle et que l’on doit supposer plus vieille d’un siècle encore. Restant présidée par le bailli jusqu’à l’extinction de cette charge en 1650, cette cour se compose, à l’époque moderne, de membres qualifiés en droit du Conseil de Régence de la principauté, dont elle constitue la principale formation judiciaire.
La Cour et chancellerie peut officier en tant que cour d’appel ou de cassation ; elle connaît alors des affaires initialement portées devant les deux juridictions intermédiaires que sont le tribunal de la mairie et celui de la prévôté de Montbéliard.
En première instance, sa compétence est limitée, en ce qui concerne la ville de Montbéliard, par la charte de franchises de 1283 et le traité amiable passé en 1557 entre le comte Georges et la bourgeoisie, qui prévoient que les habitants de cette ville doivent être jugés, au civil comme au criminel, par le tribunal de la mairie. Relèvent de la cour et chancellerie :
- les causes impliquant, comme défendeurs, les vassaux du comte, ses officiers et serviteurs, les ministres d’Église et les maîtres d’école ;
- toutes les causes domaniales et féodales ;
- les instances en matière de vente d’immeubles entre particuliers, de ventes sur saisie, de ventes de biens de communautés, de biens de mineurs et autres incapables.
En matière pénale, ce tribunal connaît des cas de désobéissance ou de rébellion commis par les neuf maîtres bourgeois de Montbéliard ; des voies de fait commises par les bourgeois et habitants sur le domaine de la seigneurie, et des crimes et délits commis par les étrangers et les officiers au service du prince.
En décembre 1734, un édit du roi de France supprima le Conseil de Régence (et donc la Cour et chancellerie) ainsi que la prévôté de Montbéliard pour les remplacer par un « bailliage royal » ; cependant, cet édit ne fut pas appliqué.
Par suite de la réorganisation du Conseil de régence en 1785, cette cour siégea de 1785 à 1793 sous le nom de « Chambre de justice ».
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